COLONIAL HEIGHTS ó The plaintiffs in the recently dismissed Kroger lawsuit in Colonial Heights will be appealing the courtís decision, according to their lawyer.

Dennis J. Livingston and Lou Jean Livingston, neighbors to the site of the proposed 90,000-square-foot Kroger grocery store along Temple Avenue, filed a lawsuit in early March aiming to nullify ordinances drafted by the city of Colonial Heights in regards to the storeís construction.

The lawsuit claimed that the ordinances inappropriately rezoned the old courthouse property (from residential-office to general business) and were designed outside of the necessary legal boundaries to do so.

The lawsuit also claimed that the Livingstons will be negatively impacted in a number of ways by the new Kroger including increased traffic, light and noise pollution, parking lot runoff and an overall drop in their property value.

The case underwent multiple hearings in Colonial Heights Circuit Court before it was eventually thrown out in July by Judge Westbrook Parker who said there werenít sufficient legal grounds for carrying out the lawsuit.

Although he would not comment on what grounds the appeal is being filed, attorney Robert Allen confirmed that a notice of appeal was filed on Thursday.